ROCHA, E. C.; http://lattes.cnpq.br/1105903544860752; ROCHA, Emanuela Cardoso.
Abstract:
The present research deals with the family agroindustry as one of the pillars that favor the
strengthening of family agriculture, addressing, in particular, the difficulties faced by the family
farmer with regard to the process of regularization of the agroindustry, as well as the
possibilities of legal entities that this can be framed. The national legislation brings a series of
requirements for the regularization process to be achieved, however, given the extensive and
bureaucratic legal framework, many family farmers who do not have the knowledge to do so
end up choosing to live illegally rather than having to face such a process. Therefore, the present
research has the general objective of analyzing the legal requirements for the regulation of the
family agroindustry and, in turn, the specific objectives consist of carrying out a survey of the
legal requirements for the regularization of a family agroindustry; identify the types of legal
entities that agroindustries can fit into and point out the most appropriate one, as well as propose
solutions through a summary framework for the best implementation of family agroindustries.
For this purpose, the present research will use bibliographical research, since a survey of
theoretical references already analyzed and published will be carried out, namely, books,
scientific articles, website pages, among others, as well as the study of the legislation relevant
to the subject, in addition, a summary table will be used, in order to facilitate the understanding
of the requirements for the composition of each type of legal entity, as well as to point out its
favorable and unfavorable points for the members of the family agroindustry. Corroborating
with the legislation of the country, some judges point out that there is nothing that prohibits the
small rural producer, qualified as special insured, from commercializing, even profitably, the
surplus of agricultural or extractive production carried out for the subsistence of the group, in
a family economy regime, provided that the exercise of his rural activity is maintained under
the terms of the law that regulates the special insured, and that the legal entity is composed only
of insured persons of the same nature and is headquartered in the same Municipality or in a
neighboring Municipality to those in for them to carry out their activities.
